We have partnered with a wide range of approved sellers to offer a wider range of products. There are thousands of products available on ShopTo Marketplace, with more added every week. Areas include electronics, cameras, PC hardware and accessories, posters, clothing and merchandise, toys and board games and much more!
Find the Product for You with ShopTo Marketplace
Your desired item may be available from multiple sellers giving you the freedom of choice. Simply click the 'Buy' button to check out the best offer for you. When ordering from a Marketplace seller you will receive the same quality and safe buying experience you've come to expect from ShopTo. and will experience the same simple buying and delivery process. All our sellers have been approved by ShopTo so you can always buy in confidence.
ShopTo Reward Scheme and Finance Option
ShopTo Marketplace supports the ShopTo membership scheme (see Membership section).
Customers can also utilise our attractive Finance options on basket values above £100 to get all the items you really want at a payment plan that suits you.
Purchase products from ShopTo marketplace with confidence
We're confident you will love anything you purchase on ShopTo Marketplace, but if you do experience any problems you should initially contact the Marketplace seller direct. You can contact the seller by signing into the website and heading to the 'My Orders' section. You will then be able to contact the seller and resolve any issues with your order. In the unlikely event the issue is not resolved with a seller ShopTo will be here to help you.
Please note Marketplace sellers may have their own Returns Policies and Terms & Conditions and sometimes different delivery timescales so you should always check these before purchasing your product for your information.
Selling on ShopTo Marketplace
We're always looking to expand our range of sellers and products so if you are interested in selling on ShopTo Marketplace please email us at firstname.lastname@example.org
Please provide a contact name and telephone number and the catagories you would like to sell and one of our team will contact you.
- No subscription charges, listing fees or set up costs
- The same low commission grid to everyone
- Sellers can compete for the Buy box if they are Professional sellers offering First Class shipping or better and they are the cheapest price, as long as ShopTo is not offering that product.
- Over 1m registered members
- Over 650k customers contactable by email
- Thousands of followers on Facebook and Twitter
Buyer Terms and Conditions
The ShopTo Marketplace is operated by Skream Limited, a company registered in England and Wales with registered number 04468861 and have our registered office at Fourth Floor 30-31 Furnival Street, London, EC4A 1JQ and our main trading address is Unit 2 Western Road, Bracknell, RG12 1RW ("Skream" or "Shopto" or "we"
). ShopTo is the trading name of Skream Limited, and is accessed at www.ShopTo.net (the "Website"
These Terms and Conditions set out the ways in which you as a Buyer may use ShopTo Marketplace. If you also intend to use ShopTo Marketplace as a Seller you must register as a Seller and accept the Seller terms and conditions which shall apply when you act as a Seller as well as these Terms and Conditions which apply when you act as a Buyer.
Use of the ShopTo Marketplace by you as Buyer constitutes your agreement to and acceptance of the Terms and Conditions set out below including all policies and codes of conduct referred to in them. You must read and accept the Terms and Conditions before purchasing via the ShopTo Marketplace and once you have accepted them they form the basis of a legal agreement between you and us and you agree to comply with them. We may update or amend the Terms and Conditions from time to time. If we do amend them we will notify you by placing a notice on the ShopTo.net home page. Every time you wish to use our Website, please check these terms to ensure you understand the Terms and Conditions that apply at that time. We may also update and change our Website from time to time.
We recommend that you print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms and Conditions do not use this Website.
The definitions and rules of interpretation in this clause apply in this agreement:
||any and all laws, order, regulation, regulatory policy, guidelines, requirement or industry code of any regulatory body or government agency applicable to these Terms and Conditions, Skream or the Buyer as amended or replaced from time to time;
|"Buyer" or "You"
||any person who is registered via the Website as a user of the Shopto Marketplace and who makes one or more purchases through the Shopto Marketplace;
||the list of Items, which are Offered for sale in the ShopTo Marketplace;
|"Data Protection Legislation"
||the data protection laws implementing the Data Protection Directive 95/46/EC and any other Applicable Laws in force from time to time relating to the processing of Personal Data applicable to these Terms and Conditions , Skream or the Buyer ;
|"Force Majeure "
||in respect of any party, any cause beyond its reasonable control and which could not reasonably have been anticipated and avoided;
||patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off[or unfair competition], rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
||an Item Offered for sale to include its description and any images as included in the Catalogue;
||an invitation to treat made by a Seller in respect of an Item;
||an invitation to treat for a specific Item as set out in a Listing and may include terms specified by the Seller such as description, price, condition, delivery options etc. as well as these Terms and Conditions and does not mean an offer to sell which is capable of acceptance by the Buyer;
||an offer to buy made by a Buyer in respect of a Listing which is capable of acceptance by the Seller and a contract will only be formed when the Seller accepts the Buyer’s Order.;
||shall have its corresponding meaning set out in the Data Protection Legislation which is applicable to that data;
||the Items which cannot be bought or sold using the Shopto Marketplace being the Items in this list as amended from time to time as notified to the Buyers and Sellers by publication on the Website;
||the Items which cannot be bought or sold using the Shopto Marketplace without the prior consent of Shopto being the Items in this list as amended from time to time as notified to the Buyers and Sellers by publication on the Website;
|"Terms and Conditions"
||these terms and conditions for Sellers as may be amended from time to time;
||a party who is registered to sell Items through the Shopto Marketplace to Buyers;
||an email service enabling Sellers and Buyers to send emails to each other post sale;
|"ShopTo Marketplace "
||the virtual marketplace accessed via the Website which ShopTo operates to promote and facilitate transactions between Sellers and Buyers for the sale and purchase of Items set out in its Catalogue from tome to time
|"User Dispute Policy"
||the rules for determining disputes between Sellers and Buyers as further described in clause 5 of these Terms and Conditions;
||a Buyer or Seller who use the ShopTo Marketplace, and User means one of the Users as the context requires;
||any day other than a Saturday, Sunday or public holiday on which the clearing banks are open for business in London.
2 SHOPTO AND USERS
- ShopTo’s role is to promote and facilitate transactions between Sellers and Buyers using the ShopTo Marketplace. Where a Seller and a Buyer agree to a sale and purchase of an Item in the ShopTo Marketplace the contract of sale is established directly between the Seller and the Buyer when the Seller accepts the Buyer’s Offer. ShopTo (unless it is acting as the Seller) is not a party to any contract of sale and purchase between a Seller and a Buyer conducted in the ShopTo Marketplace and will not have any liability under such contract should the Seller or the Buyer breach its terms .
- The relevant Users are responsible for performing and enforcing any contract of sale and purchase made between them .
- We will process payments made by the Buyer in respect of a transaction made in the ShopTo Marketplace and pass such payment to the relevant Seller on the Buyer’s behalf in accordance with the terms set out in these Terms and Conditions herein and in the Seller’s terms and conditions.
- We reserve the right at its sole discretion to remove any Listing and/or delay, suspend or terminate any transaction or refuse to process and payment made by the Buyer if we believe that either the Seller or the Buyer is in breach of the Seller’s terms and conditions or these Terms and Conditions.
- Should a dispute arise between Buyer and Seller they should use their best efforts to resolve that dispute between them and all complaints and queries with respect to a transaction should be directed to the other party involved using the "ShopTo Mail" system. We have no obligation to mediate between the Users or to enforce any contract made between any Users. We may however, at our sole discretion, help resolve a dispute under the User Dispute Policy referred to in clause 5 below.
- We do not guarantee that the Website, or any content of it or the Shopto Marketplace will always be available or be uninterrupted. We reserve the right at our sole discretion to discontinue, suspend or restrict the availability of all or part of the ShopTo Marketplace, to terminate the registration of any User and to remove any Listing at any time for business or operational reasons.
3 GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL USERS
- You cannot use the ShopTo Marketplace until you have accepted these Terms and Conditions and agreed to comply with the obligations that they place upon you as Buyer each and every time that you buy anything using the ShopTo Marketplace or otherwise use the Website and/or the ShopTo Marketplace, including when you place an Order as a Buyer. If you do not accept these Terms and Conditions you may not register for or access the ShopTo Marketplace or use any of the related services.
- We will require you to provide certain Personal Data including your name, the address at which you live, a phone number on which you can be contacted, an email address that you access regularly and details of a bank account. Any information that you provide to us whether as part of the registration process or otherwise must be truthful, correct and complete at the time you supplied IT. You must update the information if any part of this information changes.
- Our Website is directed to people residing in the United Kingdom and we do not represent that content available on or through our Website and or the Shopto Marketplace is appropriate for use or available in other locations. The use of the ShopTo Marketplace services is limited to Buyers and Sellers that can lawfully enter into contracts under the laws England and Wales as well as those of their country of residence as Applicable Law imposes.
- If you are under 18 years of age you must obtain the consent of your parent or guardian before registering.
- You must refrain from buying or selling Items that are age restricted if you do not meet the age restriction criteria. Sellers are prohibited from selling Items that are restricted to Users that do not meet the relevant age criteria.
- When you register as a User you will be required to set a password for your account for your own security. You must at all times keep your password secret and secure and you should not under any circumstances disclose it to any other person. You are responsible for any use made of your account and for any activity on your account or in the ShopTo Marketplace using your log-in and/or password details whether or not you have authorised such activity.
- You should always use a strong password incorporating both letters and numbers as well as upper and lower case characters and should not choose a password that is easy to guess.
- We reserve the right at our sole discretion, to reject any application from a Buyer to register to use the ShopTo Marketplace, or to suspend or remove any such registration or disable any password where we believe that such refusal or suspension or removal or disallowance is in our interests or in the interests of any other User or of the ShopTo Marketplace or Website in general or where you have failed to comply with any of the provisions of these Terms and Conditions.. ShopTo shall not be required to give reasons for any such refusal, removal, suspension or disallowance.
- If you know or suspect that anyone other than you knows your l password, you must promptly change it.
- You may not transfer your account to another party without our prior consent.
- We are not responsible for viruses transmitted by the Website or any User and you must not introduce them.
- We do not guarantee that our Website will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
- You are responsible for all electronic communications and content sent from your computer, mobile device or other internet access device using your log-in and password details whether or not actually performed by you.
- You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and the Shopto Marketplace will cease immediately.
You may use our Website and the Shopto Marketplace only for lawful purposes. You may not use our Website or the Shopto Marketplace:
- in any way that breaches any Applicable Law;
- to buy any Prohibited Items or Restricted Items or any other Items whose sale, distribution, offering, import or export is prohibited or restricted by any Applicable Laws. You are responsible, along with the Seller for checking whether it is lawful for you to purchase the Item and for the legal consequences of any breach of such Applicable Laws;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- that causes the Website, the ShopTo Marketplace or any of our other services to be interrupted, damaged or impaired; or
- that places an unreasonable or disproportionately large load on our infrastructure or that amounts to a denial of service attack.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any information which you upload to the Website or any information which you communicate using the Shopto Marketplace. Such Contributions must:
Contributions must not:
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with any Applicable Law in England and Wales and in any country from which they are posted.
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; or
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- In the event that you receive or view any content or material that you believe may be in breach of the Content Standards or is otherwise in breach of these Terms and Conditions, please notify us immediately through www.shopto.net. We will make reasonable endeavours to investigate and, if we deem it appropriate at our sole discretion, may remove the content or material complained of within a reasonable time.
- All payments relating to the sale or purchase of an Item by a Buyer and Seller must be handled by Shopto. You agree not to buy Items Listed in the ShopTo Marketplace through any other payment method, including without limitation personal cheque or money transfer.
- Buyers agree to pay in pounds sterling (£).
- All Listings shall show clearly the price of the Listed Item as well as any delivery charges that apply.
- We will debit your card or chosen method of payment at the time you place an Order for an Item. If your card issuer declines payment the Order will be cancelled. If the Seller does not accept the Order, you will be issued with a refund.
- The price of any Items sold on ShopTo Marketplace is the amount due for the sale regardless of Buyer location and includes, where appropriate, VAT and other indirect taxes which may be applicable in the case of Buyers located within the European Union. In the case of Buyers located outside the European Union the Buyer will be liable for any additional import taxes or duties imposed by the applicable tax authorities in their country. Such tax authorities may require payment of such taxes or duties before delivery of the Items purchased.
Limitations on Transactions
- ShopTo may set limits on the value and number of transactions any User can make within a set time period ("Transaction Limits"). This is a security measure for the protection of all Users against fraud.
Use of Data
- We collect and analyse data about Buyers and Sellers in order to provide a safe and efficient shopping environment for all users of the ShopTo Marketplace. Such data may include the internet protocol (IP) address used to connect your computer to the Internet, login, e-mail address, password, computer and connection information such as browser type and version, your operating system and platform, purchase history, the full Uniform Resource Locators (URL) clickstream to, through and from our Website (including date and time), cookie number, Items you viewed or searched for, your purchase history and any phone number used to call our customer services number. In using the Website you accept that your Personal Data may be used for such purposes.
- Your Personal Data will never be passed to any third party companies except as set out in clause 3.24 below.
- While it is expected that all communications between Buyers and Sellers will be through the ShopTo Marketplace using ShopTo Mail, circumstances may arise where direct communication between Buyer and Seller is required. Whilst we would not, in the normal course of events do so, in such circumstances information that you provide may be passed on to Sellers if required to facilitate resolution of a dispute. You consent to this and accept that your Personal Data may be used for such purposes.
- Buyers and Sellers must use each other’s Personal Data only for the purpose of completing the transaction for which it is received, including sending dispatch notifications and communication about the transaction or resolving any dispute. The Personal Data must not be subsequently stored nor may it be passed on to any third party.
- Sellers are not entitled to use your Personal Data to send marketing e-mails or other similar materials directly to you but unless you expressly opt out you agree that you may be contacted by us regarding goods and services made available on or in connection with the Website and or the Shopto Marketplace.
- You have the right to access your Personal Data that is held by us, to request that we rectify the Personal Data if it is incorrect and to object to the storage of your Personal Data but any such objection may affect your use and enjoyment of the Website.
- We are the owner or the licensee of all IP Rights in our Website, and in the material published on it without limitation graphics, logos, button icons, text, images, audio clips, digital downloads, data compilations and software. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Buyers are granted a revocable non-transferable license from ShopTo to make use of the Website, including the ShopTo Marketplace, subject to these Terms and Conditions.
- The license granted to Buyers expressly excludes modifying, distributing, copying, republishing or making any derivative of the Website or the ShopTo Marketplace; any framing or using framing techniques to enclose any trademark, logo or other proprietary content or IP Rights (including images, text, page layout or form) of ShopTo; using any meta tags or other "hidden text" incorporating any of ShopTo’s Intellectual Property; any unauthorised collection and use of other Buyers’ e-mail addresses or other information, ratings, feedback or Listings, or any data extraction or data mining whatsoever. The use of data mining, robots, any software or similar data gathering and extraction tools to extract for re-utilisation of any substantial parts of the Website constitutes a violation of our copyrights and other IP Rights.
- You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of our site in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- You are not allowed to copy or use the ShopTo Marketplace or the Website’s look and feel nor create and/or publish your own database that features substantial parts of the Website including but not limited to Listings.
- ShopTo, and other trademarks appearing on the Website are the trademarks of Skream and may not be used by the Buyer in any manner that is likely to cause confusion among Users or that disparages or discredits Skream.
- The Website and in particular Listings in the Catalogue may include information and materials uploaded to the Website by Users. This information has not been approved or verified by us. If you believe that any of the content appearing on a Seller’s Listing may constitute infringement of your IP Rights ("IPR Claim"), please notify us in writing. Upon receiving notification of an IPR Claim, we will make reasonable endeavours to investigate and/or remove the content or material within a reasonable time. Such steps are taken without any admission as to liability and without prejudice to Skream’s rights, remedies and defences, all of which are expressly reserved. You agree to indemnify Skream for all claims brought by a third party against any entity within Skream arising out of or in connection with the submission of an IPR Claim by you or against you.
- The views expressed by other Users on our Website including but not limited to ratings and comments left by Buyers under the rating system do not represent our views or values.
- Buyers can rate each transaction on a five-star scale and leave a short comment relating to their impressions of the performance of the contract by the Seller but not the Item which was purchased. If you choose to rate a transaction you must also leave a comment. Sellers will develop a score based on Buyer ratings, showing their average rating
- Ratings must be given in good faith and you acknowledge that any rating and comment may be published on the Website and made available for viewing by other Users. We may at our sole discretion display such rating information and comments for as long as we deem appropriate and may remove any rating or comment that we deem inappropriate.
- ShopTo is not responsible for any ratings or comments published on the Website and does not moderate, filter or monitor ratings in real time or before they appear on the ShopTo Marketplace.
- You agree to indemnify and hold ShopTo harmless against any claim or action brought by third parties arising out of or in connection with any material posted by you on the Website, including the violation of their privacy or IP Rights.
- If a Seller finds the feedback left by a Buyer to be unfair or defamatory, it can request for it to be removed by us and ShopTo may, at its sole discretion, removing ratings and comments from the ShopTo Marketplace if it infringes the Contents Standard, is irrelevant, illogical, does not make sense, does not relate to the Seller in a transaction, contains Personal Data, is unreasonable or is deemed by ShopTo to be inappropriate.
- Sellers may not rate themselves. Buyers must not use the feedback system, communication system or any other ShopTo Marketplace service to manipulate the outcome of a sale, or to influence or coerce Sellers, or to solicit a purchase or sale outside of the ShopTo Marketplace system, or to influence any other Buyer or Seller to act in a way that would breach these Terms and Conditions.
- It is important to Buyer confidence that the rating system can be relied upon and improper use or any attempt to manipulate the rating system by Users will be treated very seriously. We reserve the right to suspend or terminate a User’s account immediately if we have reasonable grounds to believe that they have directly or via a third party manipulated or attempted to manipulate ratings.
5 ADDITIONALTERMS AND CONDITIONS SPECIFIC TO BUYERS
- Before you can purchase any Item on ShopTo Marketplace, you must register as a Buyer on the Website. The information you must provide to us to register includes your name, address, telephone number, e-mail address, date of birth and payment details. You warrant that such information is true, accurate and complete and that you will notify us immediately if any part of this information changes.
- At registration or at other times during your interaction with us you may be required to provide a username which may be displayed in order to identify you when using the services. You must not and you promise that you shall not create or use any username that is in breach of the Contents Standards or that infringes any third party’s IP Rights.
- Unless agreed by us in writing in advance, a Buyer may not register for more than one account on the Website.
Placing an Order
- Your Order to purchase an Item from a Seller will be placed when you complete the checkout process. As soon as your Order is placed, we will send you an e-mail confirming that your Order has been sent to the Seller. Your Order represents an offer to the Seller to purchase the Listed Item.
- By placing an Order, you authorise us to immediately charge your chosen method of payment for the purchase price and we are entitled to rely on your placing of an Order as an instruction to us to take your payment.
- You are required to pay for Items on the ShopTo Marketplace with a current and valid credit card, debit card, PayPal account or completed loan agreement. In the event that your credit card expires, you are required to input the details of a new card immediately. You must not use any card that is known to be invalid or expired or which you are not authorised to use. If your payment is not authorised by your credit card issuer or bank, we will inform the Seller and your Order will be rejected.
- Once the Seller has accepted your Order a contract of sale and purchase between you and the Seller comes into existence. We will send you an e-mail confirming this and the dispatch of your Item by the Seller and follow-up e-mail invitations to leave feedback for the Seller.
- You may also receive e-mails from the Seller confirming their acceptance of your Order, dispatch of your Item, estimated delivery date and informing you of their delivery terms and refund and returns policy. If you have specific questions about the delivery of an Item, you should contact the Seller directly using the ‘Contact Seller’ function button within your account on ShopTo.co.uk.
- In the event that a Seller rejects your Order or the Item is not dispatched by the Seller for any reason and your payment has already been processed, we will refund the amount that was charged to your original method of payment.
Refunds and Returns
- The Seller’s terms and conditions will apply to any refunds and returns of Items. If you would like to return an Item, you should contact the Seller directly using the ‘Contact Seller’ function available through your account. The Seller will tell you how to return the Item and where to send it. Always obtain proof or a postage receipt for any returns you send back, as the return of the Item is your responsibility.
- If you require any additional information about the returns policy of your Seller, you should check their Seller's Listings and other presence in the Shopto Marketplace for details of their terms and conditions or contact the Seller directly.
- In the event that you do not receive an Item or receive an Item that is damaged, defective or not as described by the Seller you must contact the Seller using the ‘Contact Seller’ function within your account and let them know exactly what the problem is immediately. If the Item is damaged, defective or not as described by the Seller you must return the Item to the Seller in accordance with the Seller’s return policy in order to be eligible for any possible refund from the Seller.
- Since we are not a party to the contract of sale between you and the Seller, we are not responsible for any obligations on, or warranties made by the Seller under the contract or any Applicable Laws that govern the contract between the Buyer and the Seller.
- Any complaints and/or questions with respect to a sale transaction should be directed by you to the Seller. Both the Seller and ShopTo can generate refunds for Buyers.
- In the event of a refund from the Seller, the amount will be refunded in accordance with the payment methods used to complete the purchase.
- If you encounter a serious problem with your Seller with respect to the fulfilment of their obligations resulting from the sale contract and you cannot resolve the issue directly with the Seller, you may be eligible to make use of our User Dispute Policy as provided for under clause 5 of these Terms and Conditions.
- Buyers may not purchase their own Listings nor work in concert with other Buyers or Sellers to buy their own Listings, or manipulate the outcome of a sale or Listing.
- By placing an Order with a Seller on ShopTo Marketplace, you acknowledge and agree that you are not purchasing any Item that is a Prohibited Item or is in breach of any age restrictions otherwise non-compliant with the Applicable Laws, nor inducing any Seller to act in a way which is in breach of these Terms and Conditions or any Applicable Laws.
Suspension and Termination
- We reserve the right to suspend or terminate your account immediately without notice if you are in breach of these Terms and Conditions.
- We can terminate your account if there has been no activity on your account for the period of 12 (twelve) months from the date of the last transaction.
- You can terminate your account by writing to our registered address.
6 USER DISPUTE POLICY
- Our User Dispute Policy helps ensure that Buyers may shop with confidence on ShopTo Marketplace.
- We may at our discretion offer a refund of the purchase price to a Buyer in the event that the Buyer is unable to resolve a dispute with a Seller despite having made efforts to do so and the Seller is responsible for the dispute.
- In the event of a dispute with a Seller you are obliged to attempt to resolve this dispute to the best of your ability with the respective Seller, including contacting the Seller first and foremost using the "contact the Seller" button in your Order history. You should communicate with the Seller in English using the ShopTo Mail system otherwise we may be unable to assist in resolution of your issue.
- If you are still unable to resolve the dispute with the Seller you may appeal to us directly for a refund under our User Dispute Policy. We will examine your case within a reasonable time frame. You may at our discretion be required to submit further information regarding the sale and warrant that the information you provide is fair and true.
- You are obliged to return the Item to the Seller in the event that it is defective or not as described by the Seller, or in the event that you claim non-delivery of an Item which subsequently arrives.
- You may only make one User Dispute Policy claim per Item.
- The User Dispute Policy does not apply to purchases which have been refunded in full or which have been subjected to a ‘chargeback’ by your credit card, or purchases from Sellers who are subsequently declared bankrupt, liquidated or placed into administration.
- In the event of a dispute with a Buyer the Seller is obliged to respond within five Working Days to the Buyer’s complaint and to attempt to resolve the dispute to the best of its ability with the respective Buyer directly. The Seller should communicate with the Buyer using the ShopTo Mail system and in English.
- If such a dispute cannot be resolved satisfactorily and the Buyer submits a User Dispute Policy claim we will contact the Seller in order to ascertain more information about the Order, and to determine whether the sale was conducted in compliance with these Terms and Conditions.
- Such requests for information must be responded to within five Working Days. If the Seller fails to respond to us within five Working Days, or send a reply containing insufficient or incomplete information, this may result in the sale being reversed and the Buyer being refunded from the Seller’s account.
- The Seller is required to acknowledge and agree that if it fails to comply in full with the Terms and Conditions during the process of Listing and selling an Item, we may reverse the sale and the Seller irrevocably agrees that we may refund the Buyer and take the sum of any refund from the Seller’s account.
- If the Seller has complied in full with the Seller’s terms and conditions and the Item supplied was in all respects compliant with the Listing then the claim may be rejected.
- Sellers who receive high amounts of claims from Buyers may have some or all of their Seller account privileges revoked, including without limitation suspension or termination of their ShopTo Marketplace Seller account.
No failure or delay by us to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions. If one party gives notice to the other of the possibility that any provision or part-provision of these Terms and Conditions is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
These Terms and Conditions are personal to the parties to them. You shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of your rights and obligations under these Terms and Conditions.
Warranties and Limitation of liability
Whether you are a consumer or a business user:
If you are a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Our aggregate liability for any damages of any kind arising out of or in connection with these Terms and Conditions and the agreement between you and us that arises on your registration will not exceed at any time the total amounts paid by you to us pursuant to this agreement during the 6 (six) month period prior to the claim in question. In assessing that figure sums paid by you for purchases made in the ShopTo Marketplace (if any) are excluded.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you by Shopto.
If you are a consumer user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it. In particular we offer no warranty that performance or functionality of the Website and the ShopTo Marketplace will meet your requirements
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Website; or
- use of or reliance on any content displayed on our Website;
- any error on the Website;
- the specification or quality of any Item you have purchased using the Website and ot that such Item shall be fit for your purposes.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- Nothing in these Terms and Conditions has the intention or effect of limiting your statutory rights.
- We will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
ShopTo are not Liable for User Disputes
All transactions carried out in the ShopTo Marketplace are between the Users involved and are not between any User and ShopTo (unless ShopTo is acting as a Seller). If you have a dispute with another User, you absolve Skream, as well as our employees, directors, officers, representatives, agents and contractors, from all claims, demands and damages (whether direct or consequential, actual or contingent) whatsoever, arising out of or in any way connected with such dispute.
Consequences of Breach
You shall indemnify us in full and hold us harmless against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by you out of or in connection with any breach by you of these Terms and Conditions or your unlawful acts and omissions or infringement by you of the rights of any third party.
Relationship of Parties
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
We will send notices and other communications to you at the e-mail address you have provided to us or by posting them on the Website or by first class post. You must send all notices and other communications to us by email or by using the applicable Contact Us link on our website. Any notices sent by e-mail or via the Contact Us button will be deemed to have been received 24 hours after the time sent by the sender.
Any notices sent by first class post to the address held on file in the Seller account will be deemed to have been received on the next Working Day.
Any notices posted by us on our Website will be deemed to have been received when you next use the Website, unless they are deemed to have been received at an earlier date under the provisions above in this Condition 7.8.
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
We shall not be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of our obligations under these Terms and Conditions if such delay or failure result from an event of Force Majeure including but not limited to any failure or disruption of internet services or connectivity, any scheduled or unscheduled maintenance requirements, failure or disruption of public utilities, fire flood or storm, industrial disputes or any Force Majeure Event.
All provisions in these Terms and Conditions, that by their nature are intended to survive expiration or termination shall survive any expiration or termination of the contract created by your acceptance.
Third Party Rights
These Terms and Conditions once accepted by you as a User at time of registration (and as may be amended from time to time) constitute a legal contract between you and ShopTo. A person who is not a party to these Terms and Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.
- Offensive materials including any materials exhibiting and discriminatory characteristics or content;
- Obscene and pornographic materials;
- Firearms, ammunition, weapons and poisons;
- Stolen goods;
- Advertisements and advertising materials;
- Items infringing others' Intellectual Property Right including pirated software and recorded materials;
- Illegal and prescription drugs;
- Items which cannot be legally sold or distributed under Applicable Law;
- Any digital or download produce;
- Any other Items that we reasonably designate as Prohibited Items from time to time.
- No Third party Nintendo accessories unless approved in writing in advance by ShopTo;
- No pre-order products can be offered unless approved in writing in advance by ShopTo;
- Any Restricted Items specifically designated by ShopTo at any time;
- New Region-1 DVDs may be Listed by Sellers resident within the USA or Canada with our prior agreement only, and must be dispatched from the USA or Canada directly to Buyers. Buyers are limited to one copy of Region-1 titles for personal use only, and acknowledge that they are the importer of record of this Item.